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3Control of mixing of mortar etc on highways

(1)Subject to the following subsection, a person who mixes or deposits on a highway any mortar or cement or any other substance which is likely to stick to the surface of the highway or which, if it enters drains or sewers connected with the highway, is likely to solidify in the drains or sewers shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.

(2)Nothing in the preceding subsection applies to any mixing or deposit—

(a)in a receptacle or on a plate which prevents the substance in question from coming into contact with the highway and from entering any drains and sewers connected with the highway;

(b)by the highway authority or a local authority in connection with the maintenance or alteration of the highway or a bridge over which or a tunnel through which the highway passes ;

(c)by a body having a duty under an enactment to maintain—

(i)a bridge over which or a tunnel through which the highway passes, or

(ii)works or materials supporting or protecting the highway where it forms part of the approaches to such a bridge or tunnel,

if the mixing or deposit is in connection with the maintenance or alteration of the bridge, tunnel, works or materials;

(d)by statutory undertakers in connection with apparatus in or the placing of apparatus in the highway ;

(e)by a person entitled to the benefit of a licence in respect of the highway under section 41 of the Highways Act 1971 (which relates to the placing of apparatus in highways) if the mixing or deposit cannot reasonably be done elsewhere than on the highway.

(3)In paragraphs (b) and (c) of the preceding subsection " maintain " and " maintenance " have the same meanings as in the Highways Act 1959.

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